Governor v. Vanmeter
Supreme Court of Virginia
Debt on a sheriff’s official bond, brought in the circuit court of Hardy, in the name of The Governor at the relation of William Fisher, against Vanmeter, the sheriff of Hardy, and M’Mechin and Williams, his sureties, to recover damages for an official default of the sheriff The declaration demanded 10,000 dollars, the penalty ^ of the bond; and, after stating the execution thereof, and setting forth the condition, which was in the usual form,—that the sheriff shouLd well…
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Debt on a sheriff’s official bond, brought in the circuit court of Hardy, in the name of The Governor at the relation of William Fisher, against Vanmeter, the sheriff of Hardy, and M’Mechin and Williams, his sureties, to recover damages for an official default of the sheriff The declaration demanded 10,000 dollars, the penalty ^ of the bond; and, after stating the execution thereof, and setting forth the condition, which was in the usual form,—that the sheriff shouLd well and truly execute and due return make of all process and precepts to him directed, and pay and satisfy all sums of money…
1Opinion of the CourtParker, J.
The bill of exceptions in this case does not state the fact that the property levied on was returned by the sheriff to the debtor, but the other facts proved sufficiently establish it. For, otherwise, the sheriff would have proceeded to sell at the end of the two months, and the mortgage of the property by Machir would not have affected the preferable lien of the plaintiff’s execution, although the consent to postpone the sale, would, according to the authority of Bullitt's ex'ors v. Winstons, have released the surety.
The gravamen of this action, therefore, is that the sheriff did not retain…
2Cases cited1 opinion
- Baird v. RiceCourt of Appeals of Virginia · 1797
3Cited by12 opinions
- Vaiden v. CommonwealthSupreme Court of Virginia · 1855
- Strode v. ClementSupreme Court of Virginia · 1894
- Walker v. CommonwealthSupreme Court of Virginia · 1867
- Palais v. DejarnetteCourt of Appeals for the Fourth Circuit · 1944
- Paine v. TutwilerSupreme Court of Virginia · 1876
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